Sangita Nayak vs Ranjeet Pandey And Another

G. Satapathy, J

This  matter  is  taken  up  through  Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S. 24 of the Code of Civil Procedure, 1908 (In short the ‘Code’) by the petitioner-wife seeking transfer of the proceeding instituted by OP No.1-husband against her in C.P. No. 817 of 2022 titled as “Ranjeet Pandey and another v. Sangita Nayak” pending in the file of learned Judge, Family Court, Cuttack to the learned Judge, Family Court, Jagatsinghpur.

It appears from the record that the Petitioner is the wife of OP No.1 who has filed the aforesaid proceeding against her for grant of divorce.

Mr. H.K. Ratsingh, learned counsel for the Petitioner submits that the Petitioner is a dependent lady and she is having an infant baby and, therefore, she cannot move frequently to attend the Court at Cuttack, especially when she is residing at Jagatsinghpur and, therefore, the aforesaid proceeding may kindly be transferred to the learned Judge, Family Court, Jagatsinghpur.

None appears for the OP No.1-husband, who refused to receive the notice of this transfer application as per postal endorsement and, thereby, service of notice against him is held sufficient.

Considering the submissions as advanced for the Petitioner and on going through the averments taken in the transfer application as well as the documents annexed thereto and last but not the least, taking into account the inconvenience of the Petitioner, this Court feels that the Petitioner has vindicated the grounds for transfer of the aforesaid proceeding.

In the result, the transfer application stands allowed, but in the circumstance, there is no order as to costs. Consequently, the proceeding in CP No. 817 of 2022 titled as “Ranjeet Pandey and another v. Sangita Nayak” pending before the file of learned Judge, Family Court, Cuttack is, accordingly, transferred to the learned Judge, Family Court, Jagatsinghpur for disposal of the same in accordance with law.

A copy of this order be communicated to the learned Judge, Family Court, Cuttack and learned Judge, Family Court, Jagatsinghpur for compliance..

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